NatureSweet applauds the recent decision by the United States Court of International Trade which invalidated a 2019 determination by the United States Department of Commerce that exporters of fresh tomatoes had "dumped" product into the U.S. from Mexico, requiring Commerce to reconsider whether dumping actually occurred and, if so, what duty rates apply.
U.S. buyers and importers are pleased that the Court determined Commerce may not apply steep duties of more than 30 percent on imports of Mexican tomatoes into the United States.
According to Skip Hulett, VP & general counsel for NatureSweet, the Court ruled that Commerce's final determination was not in accordance with the law and therefore invalid. The Court clearly stated that Commerce's final investigation, in which it selected entirely new parties for individual examination and examined sales from a wholly new period of time, violated the basic statutory requirement that Commerce resume and finish its original investigation from 1995. Contrary to the Florida Tomato Exchange's recent communications, this is not a procedural decision. The Court invalidated Commerce's final determination as unlawful and told Commerce to "redo" its investigation.
U.S. buyers and importers are pleased that the Court determined Commerce may not apply steep duties of more than 30 percent on imports of Mexican tomatoes into the United States.
Therefore, there has been no final determination that dumping has occurred at any time. In fact, based on the shortages that occurred this past winter, with accompanying record-high prices charged in the United States, the evidence continues to indicate that Mexican tomatoes are not being dumped, and are critical to feeding American families.
Instead of innovating to meet the growing U.S. demand for high-quality, vine-ripened tomatoes, Florida growers are demanding high tariffs to raise prices further to control market share, even though inflation continues to stretch Americans' pocketbooks. NatureSweet regrets that the Florida growers have prioritized profits over the needs of hungry Americans.
For more information:
Jennifer Halpin
NatureSweet
jennyh@naturesweet.com
https://naturesweet.com/